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New Regulation Modernises Procedural Rules on Notifications

On 30 December 2015 a new State aid Regulation (Commission Regulation (EU) 2015/2282) (the "Amending Regulation") will come into force to bring in necessary amendments to Commission Regulation (EU) 794/2004 (the "State AidImplementing Regulation") to modernise certain procedural rules contained in the State Aid Implementing Regulation regarding State aid notifications to the European Commission.

This Amending Regulation is necessary to continue the implementation of the European Commission's reform of the State aid regime. As the State aid rules have been modernised, it has become necessary to revise the forms and information sheets annexed to the Implementing Regulation in order to ensure that the European Commission receives all of the information it requires in order to be able to carry out an efficient State aid assessment of notified aid measures.

As well as updating existing notification forms, the Amending Regulation also adds a new form which allows Member States to simultaneously notify the European Commission and submit an evaluation plan for aid schemes which have a large budget, novel characteristics or involve significant market, technological or regulatory changes. Furthermore, the Amending Regulation now requires that Member States should provide relevant information to the European Commission concerning the publication of information on aid measures.

Public bodies that are considering granting aid that will require notification to the European Commission for State aid approval should seek advice to ensure that all information requested in the new forms can be provided for the relevant aid measure. The forms may also prove helpful to inform early reviews of whether a proposed aid measure may need to be notified for approval and the level of detail that is required for submission.

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